Skip to main content

Full text of "USPTO Patents Application 10733806"

See other formats


United States Patent and Trademark Office 



UNITED STATES DEPARTMENT OF COMMERCE 
United States Patent and Trademark Office 
Address: COMMISSIONER FOR PATENTS 
P.O. Boa 1450 

Alexandria, Virginia 22313-1450 
www.uspto.gov 



APPLICATION NO. 



FILING DATE 



FIRST NAMED INVENTOR 



ATTORNEY DOCKET NO. 



CONFIRMATION NO. 



10/733,806 



12/10/2003 



21184 7590 03/01/2007 

WARNER J DELAUNE JR 
ADAMS AND REESE LLP 
450 LAUREL STREET 
SUITE 1900 

BATON ROUGE, LA 70801 



George S. Avery 



10398-41 



8856 



EXAMINER 



JUSKA, CHERYL ANN 



ART UNIT 



PAPER NUMBER 



1771 



SHORTENED STATUTORY PERIOD OF RESPONSE 



MAIL DATE 



DELIVERY MODE 



3 MONTHS 03/01/2007 PAPER 

Please find below and/or attached an Office communication concerning this application or proceeding. 

If NO period for reply is specified above, the maximum statutory period will apply and will expire 6 MONTHS 
from the mailing date of this communication. 



PTOL-90A (Rev. 10/06) 



Office Action Summary 


Application No. 

10/733,806 


Applicant(s) 

AVERY, GEORGE S. 


examiner 

Cheryl Juska 


Art Unit 

1771 





- The MAILING DATE of this communication appears on the cover sheet with the correspondence address - 
Period for Reply 



A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS, 
WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION. 

- Extensions of time may be available under the provisions of 37 CFR 1 .1 36(a). In no event, however, may a reply be timely filed 
after SIX (6) MONTHS from the mailing date of this communication. 

- If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication. 

- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 1 33). 
Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any 
earned patent term adjustment. See 37 CFR 1.704(b). 

Status 

Responsive to communication(s) filed on 22 December 2006 . 
2aM This action is FINAL. 2b)Q This action is non-final. 

3) D Since this application is in condition for allowance except for formal matters, prosecution as to the merits is 

closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213. 

Disposition of Claims 

4) H Claim(s) 11-20 is/are pending in the application. 

4a) Of the above claim(s) is/are withdrawn from consideration. 

5) D Claim(s) is/are allowed. 

6) E3 Claim(s) 11-20 is/are rejected. 

7) D Claim(s) is/are objected to. 

8) D Claim(s) are subject to restriction and/or election requirement. 

Application Papers 

9) D The specification is objected to by the Examiner. 

10)Q The drawing(s) filed on is/are: a)D accepted or b)D objected to by the Examiner. 

Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1 .85(a). 

Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d). 
1 !)□ The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152. 

Priority under 35 U.S.C. § 119 

12)Q Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 1 19(a)-(d) or (f). 
a)Q All b)D Some * c)D None of: 

1 .□ Certified copies of the priority documents have been received. 

2. D Certified copies of the priority documents have been received in Application No. . 

3. D Copies of the certified copies of the priority documents have been received in this National Stage 

application from the International Bureau (PCT Rule 17.2(a)). 
* See the attached detailed Office action for a list of the certified copies not received. 



Attachment(s) 

1) □ Notice of References Cited (PTO-892) 4) S Interview Summary (PTO-413) 

2) □ Notice of Draftsperson's Patent Drawing Review (PTO-948) Paper No(s)/Mail Date. 20070224 . 

3) □ Information Disclosure Statement(s) (PTO/SB/08) 5 ) D Notice of Informal Patent Application 

Paper No(s)/Mail Date . 6) □ Other: . 



U.S. Patent and Trademark Office 
PTOL-326 (Rev. 08-06) 



Office Action Summary 



Part of Paper No./Mail Date 20070224 



Application/Control Number: 10/733,806 
Art Unit: 1771 



Page 2 



DETAILED ACTION 

Response to Amendment 

1 . Applicant's amendment filed December 22, 2006, has been entered. Claim 1 1 has been 
amended as requested. Claims 1-10 are cancelled. Thus, the pending claims are 1 1-20. 

2. Said amendment and applicant's arguments are sufficient to overcome the 1 12, 2 nd 
rejection of claim 1 1 as set forth in section 6 of the last Office Action. Specifically, the term 
"lateral excursions" is interpreted as any lateral, horizontal, or transverse deviation of orientation 
of the fiber from the fiber's central, vertical axis. In other words, the term is basically interpreted 
as being descriptive of a non-linear or crimped fiber. 

Terminal Disclaimer 

3. The terminal disclaimer filed on December 22, 20026, disclaiming the terminal portion of 
any patent granted on this application which would extend beyond the expiration date of 
Application No. 10/845,858 has been reviewed and is accepted. The terminal disclaimer has 
been recorded. As such, the double patenting rejection set forth in section 3 of the last Office 
Action is hereby withdrawn. 

Claim Rejections - 35 USC § 112 

4. The following is a quotation of the first paragraph of 35 U.S.C. 1 12: 

The specification shall contain a written description of the invention, and of the manner and process of making 
and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it 
pertains, or with which it is most nearly connected, to make and use the same and shall set forth the best mode 
contemplated by the inventor of carrying out his invention. 



Application/Control Number: 1 0/733,806 Page 3 

Art Unit: 1771 

5. Claims 1 1 -20 are rejected under 35 U.S.C. 1 12, first paragraph, as failing to comply with 
the written description requirement. The claim contain subject matter which was not described 
in the specification in such a way as to reasonably convey to one skilled in the relevant art that 
the inventor(s), at the time the application was filed, had possession of the claimed invention. 
Applicant has amended independent claim 1 1 to limit the pre-stressed fibers to having "a non- 
linear shape with substantially horizontal lateral excursions when not under tension." In 
response to the 112, 2 nd rejection of section 6 of the last Office Action, applicant states the 
following at page 6, 3 rd paragraph of the Amendment: 

"To one skilled in the relevant art, it would be understood that the term "lateral 
excursions" means that the fibers are not vertical. Rather they deviate from a 
central, vertical axis and extend in a substantially horizontal fashion." 
While the specification recites "the lateral/horizontal excursions such as excursion "x" of the 

fibers 16" at page 3, line 28, the disclosure as originally filed does not provide adequate support 

that the lateral excursions are substantially horizontal For example, the term "substantially 

horizontal" encompasses a perpendicular orientation to a vertical axis of pile fibers (or oriented 

parallel to the turf backing), rather than the disclosed lateral or horizontal deviation from vertical. 

Thus, claims 1 1-20 are rejected as containing new matter. 

6. The following is a quotation of the second paragraph of 35 U.S.C. 1 12: 

The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the 
subject matter which the applicant regards as his invention. 

7. Claim 1 1 is rejected under 35 U.S.C. 112, second paragraph, as being indefinite for 
failing to particularly point out and distinctly claim the subject matter which applicant regards as 
the invention. Claim 1 1 is indefinite for the description of "substantially horizontal lateral 
excursions" of first fibers, which suggests the first fibers are parallel to the turf backing. 



Application/Control Number: 1 0/733,806 Page 4 

Art Unit: 1771 

However, it is unclear how said first fibers can be parallel to the backing, while extending 
upward therefrom (perpendicular thereto). 

Claim Rejections - 35 USC § 102 

8. The text of those sections of Title 35, U.S. Code not included in this action can be found 
in a prior Office action. 

9. Claims 1 1, 12, 19, and 20 stand rejected under 35 USC 102(b) as being anticipated by US 
3,940,522 issued to Wessells as set forth in section 8 of the last Office Action. 

Applicant traverses the rejection by asserting Wessells teaches away from substantially 
horizontal fibers in that the reference requires "a vertical orientation for the crimped fibers, 
which forms a virtual column around the grass-like fibers" (Amendment, page 7, 4 th paragraph). 
Applicant asserts the present invention "can have severely deformed cross-sections and can be 
tightly drawn down so as to form lateral excursions extending in a predominantly horizontal 
direction" (Amendment, page 8, 1 st paragraph). In response, it is asserted that Wessells clearly 
discloses non-linear crimped fibers having "lateral excursions 55 (i.e., any lateral, horizontal, or 
transverse deviation of orientation of the fiber from the fiber's central, vertical axis). 
Additionally, while the overall fiber of Wessells may be oriented vertically, it is asserted that at 
least some of the "lateral excursions 55 or crimps are oriented "substantially horizontal. 55 The 
differences that applicant notes (i.e., severely deformed cross-sections and "tightly drawn 
down 55 ) are not currently recited in the rejected claims. Although the claims are interpreted in 
light of the specification, limitations from the specification are not read into the claims. See In 



Application/Control Number: 10/733,806 Page 5 

Art Unit: 1771 

re Van Geuns, 988 F.2d 1 181, 26 USPQ2d 1057 (Fed. Cir. 1993). Therefore, the rejection of 
claims 1 1, 12, 19, and 20 by Wessells is maintained. 



Claim Rejections - 35 USC § 103 

10. Claims 13 and 15-17 stand rejected under 35 U.S.C. 103(a) as being unpatentable over 
the cited Wessells patent in view of US 6,551,689 issued to Prevost as set forth in section 10 of 
the last Office Action. 

Regarding the rejection of claims over Wessells in view of Prevost, applicant asserts the 
combination of art "still only suggests fibers that extend upward from the backing in a vertical 
direction," rather than the present invention of "fibers that extend upward from the backing in a 
substantially horizontal direction, i.e., the lateral excursions" (Amendment, paragraph spanning 
pages 8-9). However, the scope of applicant's argument is not commensurate in scope with the 
claims since the claims merely require the non-linear, lateral excursions of the fibers to being 
substantially horizontal and not necessarily the fibers themselves. Note the 1 12, 2 nd rejection 
above. Therefore, the above rejection is maintained. 

1 1 . Claims 14 and 1 8 stand rejected under 35 U.S.C. 103(a) as being unpatentable over the 
cited Wessells patent as set forth in section 1 1 of the last Office Action. 

Applicant has presented no new arguments regarding said rejection (Amendment, page 9, 
2 nd paragraph). As such, the rejection is hereby maintained. 



Application/Control Number: 10/733,806 
Art Unit: 1771 



Page 6 



Conclusion 



12. Applicant's amendment necessitated the new ground(s) of rejection presented in this 
Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 
Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). 

13. A shortened statutory period for reply to this final action is set to expire THREE 
MONTHS from the mailing date of this action. In the event a first reply is filed within TWO 
MONTHS of the mailing date of this final action and the advisory action is not mailed until after 
the end of the THREE-MONTH shortened statutory period, then the shortened statutory period 
will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 

CFR 1 .136(a) will be calculated from the mailing date of the advisory action. In no event, 
however, will the statutory period for reply expire later than SIX MONTHS from the date of this 



14. Any inquiry concerning this communication or earlier communications from the 
examiner should be directed to Cheryl Juska whose telephone number is 571-272-1477. The 
examiner can normally be reached on Monday-Friday 10am-6pm. If attempts to reach the 
examiner by telephone are unsuccessful, the examiner's supervisor, Terrel Morris can be reached 
at 571-272-1478. The fax phone number for the organization where this application or 
proceeding is assigned is 571-273-8300. 

15. Information regarding the status of an application may be obtained from the Patent 
Application Information Retrieval (PAIR) system. Status information for published applications 
may be obtained from either Private PAIR or Public PAIR. Status information for unpublished 
applications is available through Private PAIR only. For more information about the PAIR 
system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR 
system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). 



final action. 



February 24, 2007